TITLE 329 SOLID WASTE MANAGEMENT BOARD

Adds 329 IAC 3.1-6-9 to conditionally exclude from regulation under 329 IAC 3.1 (delist) wastewater treatment sludge from electroplating operations, hazardous waste code F006, that was generated by Rumpke of Indiana, LLC and placed in a corrective action management unit (CAMU) constructed adjacent to Medora Sanitary Landfill, Medora, Indiana. NOTE: LSA Document #09-206, posted at 20090805-IR-329090206PRA, was resubmitted for publication. Effective 30 days after filing with the Publisher.

Findings and Determination of the Commissioner Pursuant to IC 13-14-9-7 and Second Notice of Comment Period: April 8, 2009, Indiana Register (DIN: 20090408-IR-329090206FDA).

Notice of First Hearing: April 8, 2009, Indiana Register (DIN: 20090408-IR-329090206PHA).

Change in Notice of First Hearing: April 22, 2009, Indiana Register (DIN: 20090422-IR-329090206CHA).

Date of First Public Hearing: July 21, 2009.

IC 13-14-9-4.5 states that a board may not adopt a proposed rule under IC 13-14-9 that is substantively different from the draft rule published under IC 13-14-9-7 until the board has conducted a third comment period that is at least 21 days long. Because this proposed rule is not substantively different from the draft rule published on April 8, 2009 (DIN: 20090408-IR-329090206FDA), the Indiana Department of Environmental Management (IDEM) is not requesting additional comment on this rule.

IDEM requested public comment from April 8, 2009, through May 8, 2009, on IDEM's draft rule language. No comments were received during the comment period.

On July 21, 2009 the Solid Waste Management Board (board) conducted the first public hearing/board meeting concerning the development of new rules at 329 IAC 3.1-6-9. IDEM received comments from the following parties:

Mr. Ernie Smith, Cummins Engine Company

Comment: Was the chromium concentration within the treatment sludge naturally attenuated over time or is there a formal processing procedure in place?

Response: The metals would probably not be attenuated, but the waste is in a corrective action management unit (CAMU) which is a hazardous waste cell built to the hazardous waste landfill standards. Therefore, it is self-contained within the CAMU, and not a threat to the surrounding area.

SECTION 1. 329 IAC 3.1-6-9 IS ADDED TO READ AS FOLLOWS:

Affected: IC 13-22

Sec. 9. Wastewater treatment sludge, hazardous waste code F006, disposed of in a corrective action management unit (CAMU) adjacent to the Medora Sanitary Landfill, Medora, Indiana and managed by Rumpke of Indiana, LLC (Rumpke), is excluded from regulation under this article.

Notice of Public Hearing

DIN: 20091021-IR-329090206PRA

Composed: Apr 25,2024 11:36:23PM EDT

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